The family of a crook who fell through a school roof during a break-in are facing financial ruin after failing in their bid to sue a council for not protecting him.

Thomas Buckett suffered a fractured skull and was in a coma for two weeks after he fell through the skylight of a school he and four pals had broken into.

The 20-year-old had just ransacked the Staffordshire County Council-owned building with his friends when they began larking about on a skylight five years ago.

Amazingly, Buckett survived the fall and had to undergo £10,000 of surgery, but last year his family launched a legal bid for damages.

They claimed the authority should have done more to protect their son - despite the fact he was trespassing at the time.

Two of Thomas' pals were given police cautions for breaking into the school which led to the tuck shop being ransacked and food and drink stolen.

The 16-year-old was never arrested, charged or convicted of any criminal offence, although police said he was part of the young group who trespassed onto the school grounds and pilfered the school store.

Thomas Buckett with mum Mandy Buckett (Image: Newsteam / SWNS)

A judge agreed more could have been done, but he ruled in the council's favour and ordered the family to pay costs of at least £150,000, which could rise to £260,000.

The family have been left with the staggering six-figure bill after unsuccessfully suing Staffordshire County Council under the Occupiers Liability Act .

It was originally claimed that Thomas - who was 16 at the time - climbed on the roof of Clayton Hall Business and Language College in Stoke-on-Trent to fetch a football.

But during a hearing at Stoke-on-Trent County Court, a police officer said Thomas was with a group of boys who had burgled the school and was then jumping on a skylight as a dare when disaster struck.

In an email to the council, PC David Stubbs, who investigated the incident, wrote: "The family are aware inquiries have showed this incident was the fault of Thomas and his friends messing around.

"I have made the family aware that if any claims are made against the school my report will show the school is not at fault."

Accident: The boy fell after breaking into Clayton Hall Business and Language College

Thomas' legal team argued the roof was not properly secure and that the school and council had ignored a problem with trespassers.

The school had also scaled back security before the teenager fell through skylight, the court heard

The teens broke into the tuck shop before climbing on the roof. Thomas suffered severe head injuries in the incident on May, 30, 2010 after plunging 15ft through the skylight.

Detectives said CCTV footage showed the youngsters seemed to be egging each other on. Two of his friends received formal police cautions.

The sports-mad teenager was rushed to hospital and spent two weeks in a coma while doctors removed half his skull and repaired it "like a jigsaw."

Doctors told Thomas he may never walk or talk but he defied the odds. He became only the third patient in the country to undergo a revolutionary neuro-surgical procedure involving a synthetic piece of artificial skull flown in from Italy and slotted into his head.

Speaking at the time, his mum Mandy, 48, from Clayton, Staffs., said: "He had such a severe head injury, most people wouldn't normally survive it."

Tom's head after the accident: The injuries were so severe some people would not have survived them (Image: Newsteam / SWNS)

But she is now facing financial ruin after their bid to sue the council was thrown out by Judge Peter Main, who said more could have been done to address the issue of trespassers gaining access to the school site.

In his decision the judge said the school had taken 'reasonable measures' to shore up security.

He added: "There were few measures, reasonably achievable within the likely school budget, it could have taken, to prevent all acts of trespass outside school hours.

"This meant the school ought to have risk assessed the likelihood of youths gaining access to the flat roofs."

Revealing his judgement at Telford County Court yesterday, Judge Main ordered the council to pay £2,500 to Thomas's legal team for the late disclosure of documents relevant to the trial.

But he said the outcome of the civil action was of 'great regret' and sympathised with Thomas, his mum Mandy, and the rest of the family.

Judge Main ordered Thomas's family to pay the council an interim payment of £150,000 in costs by May 4. This figure could rise to as much as £260,000 after further assessment.

He added: "Mrs Buckett has lost this claim but there's no disguising the fact Thomas has been very seriously injured as a consequence of this and that is a great tragedy to his family and his friends.

"The courts are guided by evidence. I'm never guided by sentiment even though I have represented a number of critically-injured people over my working life of 27 years at the bar."

The county council defended its decision to pursue the legal challenge to court.

Chief Executive John Tradewell said: "This was a terrible incident that has had a profound and life-changing impact on Thomas and his family. We have every sympathy with them and wish Thomas well in his continued recovery.